Morrisville Code of Ordinances - publishing_20231101

declares any section invalid, then such section or sections will be renegotiated by the town and the grantee.

(3) Captions. The captions to sections are inserted solely for information and shall not affect the meaning or interpretation of the article.

(4) No recourse against the town. The grantees shall have no recourse whatsoever against the town or its officers, boards, commissioners, agents, or employees for any loss, cost, expense or damage arising out of any provision or requirement of this article or because of its enforcement.

(5) Nonenforcement. The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the town to enforce prompt compliance.

(6) This article and any disputes arising from its adoption, or from any franchise granted pursuant thereto shall be governed by the laws of the State of North Carolina and the town consistent with applicable FCC rules and regulations required to be observed in the enforcement of this article. (7) This article shall not be deemed conclusive as to the terms and conditions of any franchise hereinafter issued hereunder. The final terms and conditions of such franchise shall be determined by the franchise ordinance.

(8) Franchise required. It shall be unlawful for any person, firm, or corporation to construct, operate or maintain a cable telecommunications system in the town as defined without a franchise.

(9) New franchises. The provisions of this article shall apply only to franchises issued after the effective date of this article [August 14, 1995]. Any previously existing franchise shall comply with the cable standards ordinance in effect at the time the franchise was granted. (Ord. No. 95-64, § XVII, 8-14-95)

CD56:14

Supp. No. 10